Principal CBA - NEC Tourism
Principal CBA - NEC Tourism
28:01]
SCHEDULE
This agreement made and entered into in accordance with the provisions of the
Labour Act [Chapter 28:01] between the Employers Association for Tours and
Safari Operators and the Boating Association of Zimbabwe for the Tourism Industry
(hereinafter referred to as” the employers or “the employers organisations” of the one
party and the National Museums, Monuments, Travel, Tourism, Game Parks and
Wildlife Workers Union of Zimbabwe and the Zimbabwe Tourism and Allied
Workers Union(hereinafter referred to as “the employees” or “the Trade Unions” of
the other party being parties to the National Employment Council for the Tourism
Industry shall be read as the Principal Collective Bargaining Agreement, Tourism
Industry (General Conditions).
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INDEX TO AGREEMENT
PART 1
Clause
1. Scope of application of agreement.
2. Period of agreement.
3. Alteration of agreement.
4. Interpretations and Definitions.
5. Administration of Agreement.
PART II
GENERAL CONDITIONS OF EMPLOYMENT
PART III
PART IV
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DECLARATION BY EMPLOYER
28. Registers
PART V
EXPENSES OF THE COUNCIL
29. Council dues
30. Application of agreement.
31. Declaration
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1. SCOPE OF APPLICATION OF AGREEMENT
The terms of this agreement shall be binding upon and shall be observed by
all those employers and employees whose activity or product category falls under
Sector I (the Leisure Sector) and those employers and employees whose activity or
product category falls under Sector II (Wild Life, Natural Resources Conservation
and Utilisation)
This agreement shall come into operation on the date of its registration and shall
remain in force for as long as parties to the Council have not made any
amendment/s.
3. ALTERATION OF AGREEMENT
(1) Any expressions used in this agreement, which are defined in the Labour Act
[Chapter 28:01] other than those defined in this clause, shall have the same
meaning as in the Act. Further, words purporting masculine gender to include
female gender unless inconsistent with the context.
“Appeals Committee” means a joint group with an equal number of employer and
employee representatives at the National Employment Council level and or at the
workplace.
“Art galleries” these are established safari curio shops that sell high quality hand-
crafted local and international art facts products and are also displayed as in the same
manner as museums with a variety of other exhibits, this means that they are also
exhibiting centres of old art facts, provided that they are not wholly owned by the
Government of Zimbabwe.
“Boating Sector” means the other section of the leisure water sport sector that
specialises in house boats, cruises, ferries and freights along the river that has no
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rapids where by clients enjoy a safari activity of tiger and bream fishing, game
viewing and various water sports
“Boat Cruise” means a touristic product that is owned by a safari operator and is a
leisure activity which can be booked by clients for the purpose of excursion or
expeditions. It is a soft adventure activity that can include sundowner cruises, sunset
cruises and is done in the river where they are no rapids
“Bungee Jump” This is an adventure activity that falls under leisure sector and is
done at a high bridge like Victoria Falls Bridge. It is done under the guidance of a
bungee jump instructor and a bridge crew rescuer using tested and approved ropes.
“Bird watching safari” means a leisure activity that is meant to make a tourist learn
many species of wild birds. Clients capture the information by using binoculars and
taking photographs.
“Casual Employee” means an employee employed by an employer for not more than
a total of six weeks in any four consecutive months and who does not fall within the
definition of a part-time worker.
“Code of Conduct” means a set of guidelines and rules by which the tourism industry
administers and manages breaches of established rules and behaviour and the solving
of employees grievances in the tourism industry. The Code of Conduct must be
registered in terms of the provisions of the Act
“Crocodile attraction” means a touristic product that generate a direct income from
tourists, owned by those employers who keep crocodiles for recreational purposes
and all employees in that particular establishment fall under sector 1 regardless of
direct contact with clients.
“Conservancies and sanctuaries” means any area that is occupied by a conservator for
the purpose of Wildlife Management, game farming, game capture and translocation
of wild animals.
“Canoeing safaris” means a leisure activity done along a non rapidly river or dam
under the guidance of a canoe guide for the benefit of viewing animals such as
hippos, elephants and birds.
“Cultural Tours” means a safari activity that is conducted by a tour operator into rural
areas for the purpose of meeting the villagers and learn about their culture as well as
take part in the day’s activities and this activity is done under the guidance of a Tour
Guide who is able to interpret to clients activities that are done in any rural area that
he could have conducted the village tour
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“Designated Agent” means a person appointed in terms of Section 63 of the Act to
assist in giving effect to the terms of any agreement entered into by the parties to the
Council.
“Designated Facilities,” means those touristic products that are registered by ZTA
and owned by Safari Operators in the tourism industry.
“Day off” means any full day in a week on which an employee is not normally
required to work.
“Establishment” means any place in or on which any activity of the tourism industry
or touristic product are carried on including booking offices, game parks, game
lodges, safari lodges, hunting camps, fishing camps, safari camps, camp grounds,
conservancies, crocodile attractions, historical attractions not excluding workshops,
showrooms, kitchens and bar outlets.
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Council and the National Chairmen and National Secretaries of the Employees
Organisations party to the Council.
“Grievance” means a feeling or belief that an injustice or unfair labour practice has
been suffered. It involves complaints in relation to the employment situation.
“Leave pay” means wages due for a period of paid vacation leave to which an
employee is entitled in accordance with this agreement
“Lion walk safari” means a leisure activity that is conducted by walking with termed
lions in a safari designated area under the guidance of a qualified lion handler. This is
a unique safari adventure activity that requires courage from clients to undergo it.
“NEC” means the National Employment Council for the Tourism Industry
“Overtime work” means that work performed after normal working hours and
includes but not limited with the bookings of arrival of tourists.
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“Party” refers to the employee accused of misconduct, and or aggrieved employee or
employer.
“Peak Day(s)” means that period of a day/ days that include Saturday, Sunday and
Public holiday on which players in the tourism industry receive more business from
tourists.
“Photographic safaris” means a licensed touristic product classified under the leisure
section and is conducted in game safari areas under the guidance of a safari guide. On
this activity clients are only allowed to do the photographic for business marketing
outside the world, no killing of wild animals is allowed. The clients must have
binoculars for easy site viewing of animals they want to take photographs.
“Piece work” means any system by which earnings are calculated wholly on the
quantity or output of work done, irrespective of the time spent on such work
“Sectors” means a category in which the two groups of employers and employees in
the tourism industry have their businesses and job occupations covered by this
agreement.
“Sector 1” (Leisure Sector) means without in any way limiting the ordinary meaning
of the expression, those activities in which employers and employees are engaged in
offering any services in, Art Galleries, Bird watching safaris, Boat cruises, Travel,
tours and Booking agents, Bungee jump, Canoeing safaris, Crocodile attractions,
Cultural Tours, Elephant back safaris, Ferries and freight, Game drive safaris (game
viewing),Gorge swing safaris, Helicopter flights, Horse trails/rides, House boat
safaris, Jet boat safaris, Kayaking safaris, Lion walk safaris, Museum and
Monuments, River boarding, Sport fishing safaris, Sunset cruises, Tours and
transfers, Village tours and White water rafting safaris.
“Sector lB” ( Sport Hunting Safaris and Photographic Safaris) means without way
limiting the ordinary meaning of the expression, those activities which employers and
employees are engaged in offering any touristic services in game parks, snake parks,
safari lodges, safari camps, water parks and wilderness trekking under the guidance
of a professional hunter.
“Sector II” (Wild Life, Natural Resources Conservation and Utilisation) means
without in way limiting the meaning of the expression, those activities in which
employers and employees are engaged in offering the services in Anti-poaching
Units, Campfire Facilities, Conservancies and Sanctuaries, Conservation and
Botanical Management, Game capture and Translocation, Game farming, Game
Parks, Photographic safaris, Safari camps, Safari Lodges, Snake Parks, Sport hunting,
Water Parks, Wilderness trekking and Wildlife Management
“Sport hunting safaris” means a leisure activity conducted by a safari outfitter under
the guidance of a Professional Hunter and is conducted within a concession from
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which a Safari Camp or Lodge may be established. In return the outfitter sale trophies
to the outside world. The outfitter must be licensed to sell those trophies.
“Seasonal Work” means work that is owing to the nature of the tourism industry and
is performed only at certain times of the year.
“Short Time” means working time, which is reduced below the ordinary hours of
work in the establishment when such reduction is due to slackness or the exigencies
of trade, financial incapacitation and can only be granted by the council.
“ Travel, tours and booking Agents” means a travel management service incentive
safari tour operator (I.T.O.) who depends on commissions to offer a wide range of
travel options to tourists excluding airline bookings and ticketing, travel insurance,
car and bus hire but not excluding accommodation and conference bookings, tours
inbound and outbound bookings, visa consolation, and any other safari activities such
as elephant riding, elephant interaction, horse riding safaris, guided walking safaris,
lion den encounter, lion walk safaris and his place of operation can either be an office
or a desk set at a designated touristic facility that may include a hotel or a safari
lodge.
“Tourism Industry” means without in any way limiting the ordinary meaning of the
expression, the industry in which employers and employees are associated together
whose activity or product category falls under Sector 1 (Leisure Sector) and
employers and employees associated together whose activities fall under Sector 11
(Wild Life, Natural Resources Conservation and Utilisation) for the purpose of
carrying on those activities on any premises, other than hotels and guest houses that
purely provide commercial accommodation and catering for commercial food
provision to visitors and tourists.
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“Tourism Products” means any leisure and conservation products and services
including the following but not limited to sport hunting safaris, photographic safaris,
elephant back safaris, lion walk safaris, sport fishing safaris, cultural tours, village
tours, game viewing safaris, white water rafting, canoeing safaris, bungee jumping,
horse rides, gorge swings, helicopter flights, steam train safaris, kayaking, anti-
poaching services, micro lights, boat cruises, house boats, wildlife management, lion
den encounter, crocodile attractions, sunset cruises, wilderness trekking, game
farming, conservation and botanical management, game capture and translocation and
all those activities or touristic products that fall under sector i and ii.
“Trade Union” means a union registered in terms of the provisions of the Act to
represent the interests of the employees in this tourism industry.
“White water rafting safaris” means the leisure activity that is done along the river
with rapids and is done under the guidance of a qualified rafting guide for rafting
expedition with clients. It is a high adrenalin leisure activity that requires courage to
clients who rafts although are under the guidance of safety kayakers
“Working Day” means that period of any day during which the usual day shift is
worked and may include Saturdays, Sunday and Public holidays in the tourism
industry.
“Wages” means the earnings of any employee, but does not include any payment in
respect of overtime, allowances or any bonus, tips or other like benefits
5. ADMINISTRATION OF AGREEMENT
The Council shall be the body responsible for the administration of this
agreement, and it may issue expressions of opinion not inconsistent with the
provisions hereof for the guidance of employers and employees and may
delegate any of its duties or powers to its executive committee or to
committees appointed by Council.
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PART II
The employer and employee shall each sign two copies of the contract form, of which
the first copy shall be handed to the employee and the other copy shall be retained by
the employer.
(2) Except where a longer period of notice has been provided for under a contract
of employment or in any relevant enactment, and subject to sub sections (3) ,
(4) and (5), notice of termination of the contract of employment to be given by
either party shall be –
(a) three months in the case of a contract without limit of time or a contract for
a period of two years or more;
(b) two months in the case of a contract for a period of one year or more but
less than two years;
(c) one month in the case of a contract for a period of six months or more but
less than one year;
(d) two weeks in the case of a contract for a period of three months or more but
less than six months;
(e) one day in the case of a contract for a period of less than three months or in
the case of casual work or seasonal work.
(3) A contract of employment may provide in writing for a single, non renewable
probationary period of not more than-
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(4) Whenever an employee has been provided with accommodation directly or
indirectly by his employer the employee shall not be required to vacate the
accommodation before the expiry of a period of one month after the period of
notice specified in terms of sub subsection (2) or (3) unless the contract has
been terminated under sub sections 4 (a) and (b).
a) If the employee has been dismissed through disciplinary action or
currently serving a probationary period, then the employee should vacate
the employer’s accommodation within 3 days.
b) Where a contract has been terminated under sub clause 6 of this section,
the employee shall vacate the employer’s accommodation within 7 days.
(5) Notwithstanding sub section (2) or (3), the parties to any contract of
employment may, by mutual agreement, terminate such contract and waive the
right to notice.
(c) Where termination of the contract is at the initiative of the employee, the
employer shall have the right to withhold any such remuneration due as a
means of compensation for notice not given according to sub sections (2)
and (3).
(7) Neither the employer nor the employee shall give notice of termination of
contract whilst the employee is absent on paid leave, sick leave or vacation
leave.
(8) Any contract of employment which is for a stipulated period shall specify the
date of commencement and the date of termination thereof, and no further
notice to terminate the contract on due date shall be required from either party.
(1) Every employer shall place each employee in the grade prescribed
appropriate to his occupation and pay wages to such employee of at least
the amount prescribed by the Council for the employee’s grade or class
and no employee may accept wages amounting to less than the amount
prescribed for him by the Council, except where exemption has been
granted
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(2) Payment of wages shall be as per the schedule in Annexures B and C
dependent upon the Sector of employment. This agreement does not
prohibit Employers to pay more than the minimum rates if they are able
to do so in order to retain and motivate staff.
(3) Details on the job titles, grades and position descriptions are contained
under classification of occupations.
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PART A
Boiler Hand Means an employee who operates the boiler for the
purpose of processing trophies and ensure constant
steam pressure
14
general work in the canteen that include
the washing of utensils and assisting the
canteen cook
Grade 2
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touring van, visiting shows and exhibitions
and who is responsible for erecting the
pavilion and public address system, operating
the show equipments.
Doorman An employee engaged on part time work only when
there is a function at an establishment to look after
the
main entrance welcoming guest/clients
Groom (Class One) Means an employee who cleans elephant and horse
stables and the yards, takes care of the entire
premises and some time assist the feeding of the
elephants and horses, under the senior stable hand
Head gardener An employee who is in charge of not less than three
gardeners and or could have served as a gardener for
not
less than five years
16
that includes the washing of clients’ linen and works
under
the supervision of a linen supervisor
17
works as a spanner boy
and cannot be allowed to
attend any vehicle
maintenance
without a qualified mechanic
Grade 3
18
Dry cleaning & washing Means an employee engaged
machine operator to operate a dry and washing
machine and must have worked as
a laundry hand at least three years
Gate checker An employee engaged to control the gate
making sure that all visitors and any
deliveries are checked and in most cases
keeps the gate closed for security purpose
Head Groom Means an employee who is engaged as a supervisor
of groomers and is capable of shoeing horses,
feeding
horses, rhinos and elephants
Guard – In house Security Means an employee engaged as a
Senior watchman whose
duties are directly
related
to the protection of company property
and must have worked as a junior
watchman for at least five years supervising
not less than ten watchmen
19
and cuts glass, and who has two years
of services in the category of picture-
frame maker
20
the bar outlet of a safari camp, safari lodge or a
game park establishment. He is responsible to make
sure that bar tabs are controlled and keeps bar
stocks,
recording and analysing sales and sums received
(if any) and balancing cashups. He must have
served as a bar hand for not less than three years
Collection & delivery driver Means an employee whose duties may include
driving a light or heavy vehicle responsible for
collection and delivering of company goods
and must be a holder of a clean class 2 or 1
drivers licence but does not hold a learner
professional guide licence, in other words he can
not do transfers of tourist
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collection and delivering of company goods
and must be a holder of a clean class 2 or 1
drivers licence but does not hold a learner
professional guide licence, in other words he can
not do transfers of tourist
22
be a holder of a clean class 3 or 4 driver’s licence
Skinner – senior Means an employee with not less than five years
experience as a skinner and who is in charge of
skinners in a safari operation and not less than six
skinners in a safari area where no head skinner
is employed
23
have the qualities of public relations with good
communication skills
24
costing, estimating, indentifying and stock control
Grade 5
Accounts clerk Means an employee who is engaged in one or
more of the following duties: carrying out a number
of
accounting duties such as processing and payment of
creditors invoice, reconciling of statements,
invoicing of
clients, ledger maintenance and
or preparing and allocating
clients bills and is under the
supervision of an accountant
25
bar
outlet without handling money and who is not a
cashier
26
Head Cook Means an employee employed in a safari kitchen
and who controls all sections, who prepares meals
as directed including where appropriate the writing
of requisitions for ingredients required
27
other
related plumbing job thereto
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and other touristic products such as curios, rafts
that are sold only to tourists in foreign currency
and is responsible for the collection of money
cashed
29
Wages clerk Means an employee engaged in calculating wages
and
salaries and makes appropriate statutory deductions
and
records relevant details on salary pay slips, balances
and
reconciles pay roll
Grade 6
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department or section of an establishment
and under supervision of, and subject to
checking by a despatch clerk, receives,
assembles, packs and book out goods
Car hire driver / taxi driver Means a person employed to drive motor
vehicles with a net of less than 2 300 kilograms
and whose duties may include transferring clients
from point “A” to point “B” who either could have
booked a leisure activity and a lodge/hotel
accommodation or dropped from the airport
Data capture clerk Means an employee who captures and /or verifies
data via terminals using a keyboard and does any
other clerical work
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queries
Driver / Courier / Mechanic Means a fully licensed specifically employed to
driver/courier/mechanic drive or as a courier and/
or can do mechanical
work, attends to
breakdown,
and is able to operate a breakdowns recovery
vehicle by means of towing and the use of a tow
rope chain or rigid bar
Flower Arranger (Class 2) Means an employee who works mainly on large
upright arrangements, coffin sprays, wreaths,
garlands, button holes and artificial arrangements
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a junior river rafting guide and must be a
holder of a learner guide licence
Safari guide (game drive) – An employee who would have worked for
junior not more than three years and is still under a training
course with a
recognised
institute
training as a
Professional
Guide and
also studying
towards a
learner
Professional
guide licence
and is
responsible to
do general
guiding duties
on a game
drive
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work on statistics and
other general clerical
duties for minor audit work within
various departments of an organisation
Boat maintenance hand Means an employee who assists the senior boat
maintenance hand and can also do any general
maintenance work within the workshop.
Buffalo / Lion Handler junior Means an employee who is under the constant
supervision of a senior buffalo/ lion handler
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for a maximum period of three years guiding
clients doing lions walks and/ or buffalo handling
Driver (Class One) transfer Means an employee who transfers clients from
designated tourism facilities and holds a clean
class1 driver’s licence and a learner guide licence
Elephant Handler junior The junior elephant handler report to the senior
elephant handler and is required to train, clean and
and ride the elephants with clients on safaris,
cleans and maintains the elephant stables, camp
and monitoring the elephants when on duty
and reporting any unusual behaviour to his
supervisor, also assisting with handling elephants
which requires treatment for any ailments
Equipment supervisor Means an employee engaged to control company
equipment for his employer either on a rafting trip
or within a workshop/warehouse
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Game monitor – senior Means an employee who is a senior ranger who
monitors wild animals in a controlled game park,
coordinates with scouts.
High Wire Instructor Means an employee who have worked under gorge
swings for not less than three years. He is
responsible
to make sure that clients on a gorge swing are
safe and he gives instructions to clients as they
embark on the activity
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and around Zimbabwe.
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designated by his employer and is in possession
of a master’s (inland water) certificate of
competency
Higher wire instructor senior Means an employee who instructs and guides
Clients on a bungee jump or a gorge
swing
38
operator carving machine to engrave patterns or
designs or jewellery
39
Senior Sales office consultant Means an employee with not less than three
years experience as a sales office consultant
and who is in charge of not less than four other
sales office consultants in an establishment
where no head sales office consultant is
employed
Receptionist (senior) Means an employee with not less than three years
experience as a receptionist and who is in charge of
receptions and not less than three other receptionists
40
in an establishment were no head receptionist is
employed
41
capacity
recording receipts and despatch of goods, issues
materials according to requisitions and may assist in
stock taking and works under direct supervision of
the
engineering clerk senior.
Skilled Worker (Class 1) Means an employee who has been certified by the
Registrar of Apprenticeship and Skilled Manpower
as a skilled worker class 1 in a designated or
recognised trade in terms of the Manpower
Planning and Development Act [Chapter 28:02] or
is the holder of a journeyman registration certificate
issued by a National Industrial Council and
recognised by the Registrar of Apprenticeship
and Skilled Manpower
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semi skilled temporary repairs to a vehicle
which has broken down to enable
such vehicle to complete it journey
or to return to its depot for checking
Yard supervisor senior Means an employee who is in charge of not less than
five grounds and gardener hands who can carry out
repairs or renovation of a minor nature to the
property
of his employer
Grade 10
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must be a holder of a leaner professional hunters’
licence
44
performs
same duties as a river guide but is only paid as per
the
day/days worked
Freight controller Means an employee employed for the purpose of
directing freights
45
less than three years with a safari
company and should be a holder of a
Professional Guide Licence or
Professional Hunters licence. He must be
familiar with the area, able to read maps
and knows the history of the area
46
of Pastel and Excel
Grade 11
47
Computer programmer senior Means an employee who is placed in charge
of a team or shift of computer operators and
who may perform the duties of a computer
operator
48
for not less than three years with a safari
company and should be a holder of a Professional
Guide Licence. He must also be familiar with the
area, able to read maps and knows the history of
area
49
charge for a
shift
50
performed by an administrator is responsible for
the formulation of operational systems as
would be stipulated by the company. A suitable
qualification and experience is required to perform
this function
General
hand/worker/labourer
Gardener An employee who is engaged in any duties
of general cleaning or labouring duties
51
attendant/cleaner cleaning duties at a safari camp that includes
labouring duties
52
Butchery assistant Means an employee who cuts and sells meat or is actively
responsible for assisting the butchery man or blockman
butchery
53
be able to understand the
behaviour and habits of wildlife.
54
cleaning, washing or sorting plates, crockery or glass,
conveying, loading or unloading foodstuffs and ancillary
equipments to a vehicle and duties related thereto
Job Title Position Description
Grade 3
Game Scout – class 2 Means an employee engaged in the scouting
work to make sure that poachers are barred from
entering a safari controlled area and must be able
to handle firearms and accountable to a senior
game scout and must have not less than two years
experience as a junior scout
55
hunting operators within a private owned land under the
supervision of senior
skinners
Senior Builders Means an employee employed to assist qualified
assistant builders and engaged not as a contractor but with
a contract of employment that is governed by this
agreement and must have a journeyman certificate class 2
Grade 4
Tractor driver Means an employee employed in driving a tractor for the
purpose of maintenance of the grounds of the establishment
and the conveyance of goods
56
Builder/Brick layer Means an employee employed as a builder /
brick and engaged not as a contractor but on
contract of employment that is governed by this
agreement and must have a journeyman registration
certificate issued by a National Industrial Council
Grade 5
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have served as a skinner class 2 for not less than five
years
Shop attendant Means an employee who sells only such goods as are
permitted to be sold under an aerated shop dealer’s
licence issued under the Shop Licence Act whose
duties involves receiving money and the giving of
change and/or issuing of sale documents, duties
may include the display of goods and the keeping and
controlling of stock and has less than three years
continuous service in such occupation
Heavy duty driver Means an employee engaged to drive
(Class 2 licence) motor vehicles with
a net mass in
excess of 2 300
kilograms, and
responsible of the
recovery of
disabled, light and
heavy commercial
vehicles and
also passengers
vehicles by means
of towing and the
use of a tow- rope,
chain or grid bar.
58
or deemed to have been designated
Cook – class 3 Means an employee who has worked as a junior cook for
at least two years within an establishment
59
journeymen and skilled workers and or
operators in work out-come. Is also
responsible for the total safety element
of the workshop. May be responsible for the
ordering and safe custody of spares
Cook – class 2 Means an employee who has completed five years in the
Kitchen and who prepares and makes pastries, sweets,
Ices, pudding and similar articles related to pastries
Waiter – class 1 Means an employee who has completed five years in the
waitering service who is in charge of a dining room or
a veranda and supervises not less than six waiters
60
Senior Skinner Means an employee who performs all duties of a skinner
and is also able to skin animals accurately, and should
have served as a skinner class 1 for not less than five
years
Senior Block man Means an employee who cuts and sell meat or is actively
responsible for the manufacturing of
small goods and is responsible for the
supervision of other employees
61
supervision of the kitchen and its staff
62
or certified by the registrar of apprenticeship
branch and skilled manpower planning and
and development Act[chapter 28:02] and is able
to take photographs of wild animals in a safari area
with tourists doing sport photographic and who is
sufficiently competent to operate unsupervised
Grade 1
General
hand/worker/labourer
Gardener An employee who is engaged in any duties
of general cleaning or labouring duties
63
damages
caused by animals are reported to Management
Grade 2
64
by animals are reported to Management.
He must have served as a fence guard for
not less than three years or hold a
certificate of a security guard trained by a
recognised security institution
Butchery assistant Means an employee who cuts and sells meat or is actively
responsible for assisting the butchery man or blockman
butchery
65
Bedroom/Laundry Means an employee who carries out any of
hand - class 2 the following duties: cleaning bedrooms,
making beds, giving general bedrooms
service to customers, washing linen and
ironing of such linen
Skinner – class 4 Means an employee who performs all duties of a skinner
and is also able to skin animals accurately, and should
have served as a skinner learner for not less than one
year.
66
beverages for office staff
Junior tractor driver Means an employee with less than one year of driving
a tractor whose duties includes the maintenance of the
grounds of the establishment and the conveyance of
rubbles
Grade 3
67
repairing punctures and any other related duties
thereto
68
Junior Waiter Means an employee who has been employed as a commis
waiter for not less than one year and who is employed in
serving food and/or drinks to guests, preparation, laying
and cleaning of tables and on duties related thereto
Grade 4
Light vehicle driver Means a person employed to drive motor vehicles with a
net mass of less than 2 300 kilograms and whose
duties may include the transporting of staff or recovery of
light vehicles by means of towing and the use of a two
rope, chain or rigid bar
69
Labour gang leader Means an employee who is responsible for the general
workers or gardeners and who supervises not less than
five labourers/gardeners
Waiter – class 3 Means an employee who has worked in all the various
grades of waiters, and who can relieve a waiter senior
Shop attendant Means an employee who sells only such goods as are
permitted to be sold under an aerated shop dealer’s
licence issued under the Shop Licence Act whose
duties involves receiving money and the giving of
change and/or issuing of sale documents, duties
may include the display of goods and the keeping and
controlling of stock and has less than three years
continuous service in such occupation
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Heavy duty driver Means an employee engaged to drive
(Class 2 licence) motor vehicles with
a net mass in
excess of 2 300
kilograms, and
responsible of the
recovery of
disabled, light and
heavy commercial
vehicles and
also passengers
vehicles by means
of towing and the
use of a tow- rope,
chain or grid bar.
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habits of wildlife and able to do map reading
Cook – class 3 Means an employee who has worked as a junior cook for
at least two years within an establishment
Accounts/operations Means an employee who carries out a number of
clerk accounting duties such as processing and
payment of creditors invoices, reconciliation of
statements, invoicing of clients, ledger maintenance.
May complete journal vouchers as required
Grade 6
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thatching at his employers premises or safari camp/lodge
Cook – class 2 Means an employee who has completed five years in the
Kitchen and who prepares and makes pastries, sweets,
Ices, pudding and similar articles related to pastries
Waiter – class 1 Means an employee who has completed five years in the
waitering service who is in charge of a dining room or
a veranda and supervises not less than six waiters
Driver (Class 1 Means an employee possessing a motor- vehicle
licence) driver’s licence class 1 and
who is employed in
transporting customers, staff
or merchandise.
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Grade 7
Senior Block man Means an employee who cuts and sell meat or is actively
responsible for the manufacturing of
small goods and is responsible for the
supervision of other employees
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may be responsible for table setting, functions, cleanness,
and stock taking of equipments in his department and who
may receive payment and give change
Grade 8
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or certified by the registrar of apprenticeship
branch and skilled manpower planning and
and development Act[chapter 28:02] and is able
to take photographs of wild animals in a safari area
with tourists doing sport photographic and who is
sufficiently competent to operate unsupervised
Grade 9
33
PART B
ZIMBABWE PARKS AND WILDLIFE MANAGEMENT( Wildlife
Conservation and Natural Resources Preservation)
B1.1
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Lodge Attendant An employee engaged to carry out any of the following:
cleaning the chalets/ rooms, making beds and giving
general bedroom services to clients and any other related
duties thereto
B1.2
B1.2
Catering Assistant An employee who cleans the canteen, kitchen and assist
cooks in food preparation.
B1.3
B2.1
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B2.2
B2.3
Ranger 11
B3.2
Ranger 11
B3.3
Ranger 11
Catering Assistant An employee who cleans the canteen, kitchen and assist
cooks in food preparation.
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Skinner An employee who helps hunters to professionally skin
and prepare trophies for clients
B3.1
Ranger 11
Ranger 1
B4.3
Ranger 1
Ranger 11
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Handyman (Mechanic) Means an employee who maintains and repairs machinery
and vehicles. Will be responsible for ensuring
functionality and reliability of machines, engines and
mechanical systems.
B4.1
Ranger 11
Ranger 1
B5.2
Ranger 11
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correspondence related thereto.
B5.3
Store man Manage stores in an efficient and effective manner for the
benefit of the organisation.
Human Resources Clerk Means an employee who works under the direction of a
human resources manager and is responsible for staff
files, maintaining staff log book and can assist recording
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relevant details on salary pay slips, balances and
reconciles pay roll, keeps pay roll.
Typist Means an employee who carries out more than just typing
and should expect to carry out other administrative duties
too, including maintaining spreadsheets, databases and
answering the phone.
Handyman (Painter)
Ranger 11
Handyman (Carpenter) Responsible for repairing all authority carpentry work and
furniture at the station
B5.1
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Ranger 11
Ranger 1
Clerk (Finance & Admin) The employee performs clerical and administrative
functions such as customer service and recordkeeping,
in addition to conducting financial transactions.
C1.1
Senior Human Resources Means an employee who performs the difficult clerical
Clerk functions in Human Resources department or provide
lead supervision over the personnel functions of a line
department.
Ranger 11
Ranger 1
Senior Ranger Means an employee who performs the same duties that
performed by a game monitor and coordinates his or her
work with scouts. He or she must be familiar with wild
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animals.
C1.2
Senior Ranger Means an employee who performs the same duties that
performed by a game monitor and coordinates his or her
work with scouts. He or she must be familiar with wild
animals.
State Registered Nurse Means an employee who performs basic medical exams,
assist doctors during medical procedures and monitor
patients' progress. Also treat and prescribe medication for
patients.
C1.3
Senior Ranger Means an employee who performs the same duties that
performed by a game monitor and coordinates his or her
work with scouts. He or she must be familiar with wild
animals.
Senior Human Resources Means an employee who performs the difficult clerical
Clerk functions in Human Resources department or provide
lead supervision over the personnel functions of a line
department.
Senior Ranger- HQ Means an employee who performs the same duties that
performed by a game monitor and coordinates his or her
work with scouts. He or she must be familiar with wild
animals.
Human Resources Clerk Means an employee who works under the direction of a
human resources manager and is responsible for staff
files, maintaining staff log book and can assist recording
relevant details on salary pay slips, balances and
reconciles pay roll, keeps pay roll.
C2.3
Senior Ranger- Radios Means an employee who performs the same duties that
performed by a game monitor and coordinates his or her
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work with scouts. He or she must be familiar with wild
animals.
C3.3
Records Supervisor
Artisan (Automobile
Electrician)
Assistant Investigations
& Security Officer
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C4.1
Horticulturalist
Accounting Officer
,BB
Accounting Officer
(General)
C4.3
Wildlife Officer-
Provisions
Wildlife Officer-
Conservation
Wildlife Officer-
Armoury & Operations
Accounting Officer
Tourist Officer
Forester
C5.2
Ecologists
C5.3
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Administration Officer
Internal Auditor
Wildlife Officer-
Armoury Operations
Wildlife Officer-
Provisions
Librarian
Ecologists
Investigations &
Security Officer
Systems / Network
Administrator
Sister in Charge
Lecturer
TFCA Programme
Officer
C5.1
Internal Auditor
Reservationist
Ecologists
Accounting Clerk
Ranger 1
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PART C
Grade16
General Assistant Means an employee engaged for the general cleaning and
(General Hand) maintenance of the premises within sites and museums.
This includes areas like the heroes acre and head office.
The person should have a basic secondary education and
one year experience in cleaning and maintenance.
Grade 15
General Assistant Means an employee engaged for the general cleaning and
maintenance of the premises within sites and museums.
The person should have a basic secondary education and
one year experience in cleaning and maintenance and he
or she must be able to read and write
Grade 14
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for the units. The person must possess 5 “O “levels
including technical subjects and certificate of competency
in any one of the technical subjects such as building,
plumbing, painting and carpentry. He or she must have at
least 3 years relevant experience in a technical
environment.
Grade 13
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Executive Director and banking including delivery of
letter s and documents to various stakeholders , driving
employees to and from designated places of duty,
cleaning institutions vehicles , sourcing quotations for
general servicing or liaison with the garage for servicing,
checking and attending to basic requirements for vehicles.
The basic qualifications are 5 O levels including English,
class 4 driver’s license and must have at least 5 years
experience within the institution. He or she must be 30
years and above
Grade 12
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laying and cleaning of tables. The basic qualifications for
this job are 5 O levels including English with at least 2
years experience in food and beverages.
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Accounts Clerk 1- Means an employee who is engaged to carryout
accounting duties such as processing and payment of
creditors invoice, invoicing of visitors, ledger
maintenance, preparing and allocating visitor bills and is
under the supervision of a book keeper. The basic
qualification are a diploma in accounting, a certificate in
accounting software such as pastel with at least 3 years
experience in an accounting environment.
Grade 11
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general cleanliness of the library, shelves and book racks,
filling and marking all library materials. The basic
qualifications for this job are 5 O Levels including
English, a national certificate in library and information
science. He or she must have at least 2 years experience
in a library environment.
Grade 10
94
school groups and visitors and is expected to produce
periodic reports of site activities. The basic qualifications
are 5 O Levels including English, a certificate in heritage
management or marketing. He or she must have at least 2
years experience in a related field.
PART D
FORESTRY COMMISSION (
A1
A2
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the lodge premises. He is tasked to report maintance
requirements to the lodge administrator.
B1
B2
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related to the protection of premises or designated areas
that are protected and he is trained to operate fire arms.
B3
Camp Administrator Means an employee who receives stocks, makes bin card
entries, checks stock order levels, does all clerical work at
camp and reports to the camp manager
Lodge Administrator Means an employee who receipts revenue for the lodge,
welcomes guests, coordinates activities at lodge, receives
stocks, makes bin card entries, dispatches stocks, checks
stock order levels and reports to the lodge manager.
B5
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Purchasing Clerk Means an employee who is tasked with all the clerical
work in the buying office e.g. filling out internal purchase
requisition forms, goods received vouchers and making
petty cash requests for small purchases. Should have 5 o
levels including English and maths and he reports to the
buyer.
C1
C2
C3
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(1) An employee who, at the coming into force of this agreement, is in receipt of
a higher rate of pay for his particular occupation than the rate prescribed by
the Council shall not suffer any reduction in his rate of pay.
(2) On promotion to a higher grade, an employee shall be paid not less than the
wage which he last received prior to his promotion and not less than the
prescribed wage for the new grade.
(3) An employee who is required to perform work in a lower grade than that in
which he is normally employed shall be paid the wage applicable to the grade
of work, which he normally performs.
(4) An employee who is required to perform work in a higher grade than that in
which he is normally employed shall be paid the wage applicable to such
higher grade on and after one day working in the higher grade for the period
during which he is so employed to do such work, on a pro rata basis.
(5) No employer shall reduce an employee’s wage for any time not worked if the
employee was able and willing and was present at his place of work but the
employer was unable and/or unwilling to furnish him with work.
(6) Part – time workers shall be paid not less than the hourly equivalent of the
grade in which they are placed and calculated as provided in the wage
schedule.
(7) No employee shall work for wages or any other consideration while absent or
on paid sick leave.
(1) An employer shall not require or allow an employee to work overtime except
-:
(2) No overtime shall accrue in a single day or work to those employed in hunting
camps, safari camps, on safari operations, on game capture duties or on anti-
poaching duties.
(3) Hours of work will be 8 hours per day or 208 hours per month for sector 1 and
8.5 per day or 221 hours per month for sector 11.
(4) Notwithstanding section 9(2), any hours worked over and above the
prescribed hours per month in terms of section 9(3) regardless of the sector
shall be treated as over time and shall be paid in terms of this agreement.
(5) At the discretion of the employee, the employer shall pay overtime rates at
one and half times the employee’s current hourly wage during normal
working days or substitute the proportionate time off.
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(6) At the discretion of the employee, the employer shall either pay overtime rates
at double the employee’s current hourly wage for overtime on a day off or
public holiday or substitute the proportionate time off.
(7) Any claims for overtime will only be considered if the total hours worked in a
month exceed the relative hours pertaining to the specific sectors in terms of
section 9(3). An employee may only work a maximum of 14 hours per day
except in terms of Sub clause 2 of section 9 where exemption from overtime
is provided for.
For the purpose of converting monthly wages to their daily, fortnightly, weekly
and hourly equivalents, the following computations shall apply:
a) To obtain the daily rate, the monthly rate shall be divided by 26.
b) To obtain the fortnightly rate, the monthly rate should be divided by two and
one sixth;
c) To obtain the weekly rate, the monthly rate should be divided by four and one
third;
d) To obtain the Hourly Rate for Sector I, the daily rate should be divided by
eight. To obtain the Hourly Rate for Sector II the daily rate should be divided
by eight and a half
Provided that –
Calculation for payment in lieu of vacation leave shall be calculated at 2.5 days
for every completed month of service.
No deductions or set – off of any description other than NEC dues and pension funds
shall be deducted or allowed from any wage due to an employee, except –
(a) Where an employee is absent from work on days other than those failing
within periods of paid vacation leave; special leave or sick leave, a
deduction proportionate to the period of absence calculated on the basis of
the wage which such employee was receiving in respect of his ordinary
hours of work at the time thereof;
(b) With the written consent of the employee, contributions to insurance funds
or subscriptions to a registered trade union;
(c) Such deductions as are prescribed, or as may be prescribed in any other
agreement of the council, or, which he is compelled by law or legal
process to make on behalf of an employee;
(d) With the written consent of the employee, deductions to recover the
repayment of a loan made or goods or additional services or goods
supplied by the employer to the employee:
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Provided that –
(i) Any deductions made in terms of this paragraph shall not exceed in the
aggregate, twenty five per centum of the employee’s gross remuneration;
(ii) Such goods supplied have not been supplied at the direction or dictation of
the employer.
Every employer shall keep records for all employees for whom wages are
prescribed in this agreement, which shall reflect the following -
(b) these records shall be kept at the establishment at all times and shall be
made available for inspection by a Council Designated
Agent at any time on demand.
(c) such records shall be kept for a period of not less than three years.
(2) Every employer shall pay all remuneration, including wages, overtime, and any
other allowances at least once every month and by not later than the fifth day of
the following month. Provided that the employer may pay wages –
(a) Weekly in case of weekly paid employees and by not later than
Saturday; and
(b) Fortnightly in case of fortnightly paid employees and not later than
each alternate Saturday.
(4) Wages and benefits payable to any employee or to his estate in terms of this
section shall not form part of or be construed as a retrenchment package,
which an employee is entitled to where his employment has been terminated
as a result of retrenchment in terms of Section 12C of the Act.
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(5) All remuneration shall be paid in cash or, by mutual agreement of the
employee and employer, by cheque or bank transfer and such shall be
accompanied by a written statement comprising of the following.
(a) the name and grade of the employee; and
(b) the wage rate; and
(c) the total number of hours or days worked; and
(d) the amount of overtime; and
(e) deductions for absence without leave, or other deductions which the
employer is complied by law or legal process to pay on behalf an
employee
(f) bonus(if any) and allowances; and
(g) the net amount received by the employee.
(h) name of employer
(i) the amount of remuneration and the period in respect of which it is being
paid
1.) Every employer who does not provide free transport or accommodation on
or off the property, to his employee shall pay a transport allowance as
per annexure B and C.
b.) An employer who does not provide free accommodation to his employee
shall pay an accommodation allowance as prescribed in annexure B
and C.
(2) For the purpose of payment in lieu of any period of leave due
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(a) On termination of employment any portion of a month worked
shall be calculated on a pro-rata basis where the monthly wage
is divided by twenty six
(b) Vacation leave shall be deemed to have accumulated at the rate
of 2.5 days for each month of continuous service as from the
date of employment.
(4) An employee who has accumulated vacation leave may, with the consent
of the employer, elect to be paid the cash value in lieu of any vacation
leave, in place of proceeding on such leave.
(5) Any new employee shall, after the completion of one year’s continuous
service, be entitled to take vacation leave or receive payment in lieu of
vacation leave.
(6) Vacation leave and sick leave shall not run concurrently. Any employee
who becomes ill or is injured during a period of vacation leave may cancel
his vacation leave and apply for sick leave in writing to the employer. The
employer must in turn accept this by providing, in writing to the employee
acknowledgment. The employee on cancelling his vacation leave must
also provide legitimate and justified proof for such cancellation.
(7) Notwithstanding, the provisions of sub section (6) above are only
applicable in the case of illness or injury which is not due to negligence of
the employee concerned.
Special leave
(8) Special leave on full pay not exceeding twelve days in a calendar year
shall be granted by an employer to an employee -:
(a) who is required to be absent from duty on the instructions of a
medical practitioner because of contact with an infectious
disease;
(b) who is subpoenaed to attend any court in Zimbabwe as a
witness;
(c) who is required to attend as a delegate or office-bearer at any
meeting of a registered trade union representing employees
within the undertaking or industry in which the employee is
employed;
(d) who is detained for questioning by the police;
(e) on the death of a spouse, parent, child or legal dependant;
(f) on any justifiable compassionate ground.
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(1) For the purpose of this sub clause “sickness or Incapacity” means the inability
to work owing to any sickness or injury not caused by an employee’s own
fault, neglect or misconduct”
(2) If an employee, while at work, claims to be unfit for work owing to sickness
or incapacity, the employer shall grant to the employee time as may be
necessary to enable such employee to be examined by a registered medical
practitioner. Upon being medically examined, an employee shall obtain a
certificate confirming him being unfit for work, and shall produce such
certificate to his employer upon his return to work.
Provided that
(a) An employee, due to his own sickness or incapacity, is absent from work for a
period exceeding three consecutive days, shall obtain and submit to his
employer a medical certificate confirming his sickness or incapacity and the
probable duration of his being unfit for duty;
(b) It shall be a condition precedent to payment for days taken due to sickness or
incapacity that the employee shall have reported such sickness or incapacity to
his employer within two days of its occurrence.
(4) If, during any one year period of service of an employee, the
employee has used up the maximum period of sick leave on full
pay, an employer shall, at the request of the employee supported
by a certificate signed by a registered medical practitioner, grant a
further period of up to ninety days sick leave on half pay where, it
is probable that the employee will be able to resume duty after
such period of sick leave.
(5) If, during any one year period of service, the period or aggregate
periods of sick leave exceed –
(6) The provisions of sub sections (5) and (6) shall not apply to any
sickness or incapacity, which is covered by the provisions of the
Workmen’s Compensation Act (Chapter 269).
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Maternity Leave will be granted as per Section 18 of the Act
(1) Any employee working under the scope of the Tourism industry and
contributing to a pension scheme, which is equally contributed towards by
both the employer and employee shall not be entitled to any Gratuity.
19. EXEMPTIONS
(1) The Exemption Committee may grant exemption, in writing, from any
of the provisions of this agreement to any employer or employee
provided the application is supported with justification by the applicant
and that there is adequate consultation with both parties.
It shall be the duty of every employer, provided that he has been notified in
good time, to give to those of his employees who are representatives and/or
alternates of the Council every reasonable facility to attend to their duties in
connection with the work of the Council and such representative and/or
alternate shall not suffer any reduction in remuneration or allowances.
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A party to a matter before the NEC Designated Agent or Labour Court may
appear in person or be represented and appear by -
(a) a member of a Trade Union or Employers Organisation which is
accredited to the Council or
(b) a paid official of such union or employers’ organisation that represent
his interest in the tourism industry
(c) a registered legal practitioner
24. RETRENCHMENT
25. ETHICS
(1) All employers should adhere to a good code of ethics when operating
within the Tourism industry.
(2) No person should entice or attempt to lure another employer’s employee
without consultation with that employer first.
PART III
Registration Fees and Subscriptions payable to the Council will be based upon the
following classifications:
Class 1 Small undertaking - 0 to 10 employees
Class 2 Medium undertaking - 11 to 20 employees
Class 3 Large undertaking - over 21 employees
PART IV
DECLARATION BY EMPLOYER
(1) Every employer in the Tourism shall within one month of coming into force
of this agreement, notify the General Secretary of the following particulars
and pay the prescribed registration fee.
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(f) In case of two or more persons carrying on a business or partnership,
the full names and addresses of the partners and manager, the full
partnership or trade name and the address at which the partnership
business is carried on;
(2) Every employer who enters the tourism industry after the coming into force of this
agreement shall, within one month of becoming an employer in the tourism
industry, tender a declaration to the General Secretary containing the
following particulars, in the form prescribed and provide the information in
sub-section (1).
(3) (a) Any person making the declaration prescribed in sub-section (2) shall pay
to the Council a registration fee of -:
(i) 0 to 10 employees USD 50
(ii) 11 t0 20 employees USD 80
(iii) 21 and above employees USD 150
(b) The General Secretary shall cause the trading name of every employer who
has complied with the requirements of this agreement to be entered into the
Council’s register of employers in the tourism industry;
(5) An employer shall inform the General Secretary, in writing, within a calendar
month of ceasing to be an employer in the tourism industry.
28. REGISTERS
The General Secretary shall maintain a register of all employers in the tourism
industry and a record of the number of establishments and employees returned in
terms of this agreement
PART V
(1) For the purposes of meeting the expenses of the Council every employer shall
each month make a deduction of council dues equivalent to 1.25 percent from
basic wages of each of his employees for whom wages are prescribed in this
agreement. To the amount so deducted, the employer shall contribute an
equivalent amount.
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(2) On or before the fifteenth of each month in respect of the preceding month’s
contributions, every employer shall forward to the General Secretary all
monies payable in accordance with the provision of sub-section (1), together
with a statement in the form prescribed by the Council. Such statement shall
be endorsed as a “Nil” return where an employer does not employ any
employees from whose wage deductions are due.
Provided that if payment is made after the 25th of the following month in
respect of the preceding month’s contributions and deductions, interest shall
be chargeable at a rate which shall be three points above the base lending rate
on all outstanding amounts.
(3) Where an employer fails to forward to the Secretary all monies payable in
terms of sub-sections (1) and (2), court action shall be taken to recover the
money.
(1) Should any part of this agreement be declared ultra vires by any competent
court of law, the remaining provisions of the agreement shall be deemed
to be the agreement, and shall remain in force for the unexpired period of
this agreement.
31. DECLARATION
The employers’ organisations and the trade unions, having arrived at the agreement
set forth herein, the undersigned hereby declare that the foregoing is the agreement
arrived at and affix their signatures hereto
C. MUKWASI_____________________________________________________
For and on behalf of the Employers Association for Tours and Safari
Operators of the Leisure Tourism Industry
I. HARRIS
For and on behalf of the Boating Association of Zimbabwe
B. KOLOSA___________________________________________________
For and on behalf of the National Museums, Monuments,Travel,Tourism, Game
Parks and Wildlife Workers Union of Zimbabwe
K. MHAZO____________________________________________________
For and on behalf of the Zimbabwe Tourism and Allied Workers Union
G.PANGETI___________________________________________________
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Chairman of the Council
K. HOVE______________________________________________________
General Secretary
ANNEXURE A
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(f) the setting out of offences and penalties within the industry
(g) procedures for the better handling of grievances, disciplinary and
dismissal measures in a uniform manner
(h) the fundamental principle of being corrective instead of being punitive
(i) the prompt settlement of cases at the work place
(j) the promotion of the principles of natural justice, which refers to the
right to be heard before a decision is made
(k) the settlement of grievances at the lowest level
(l) the promotion of good industrial relations at the work place
2. Application of the code
2.1. The code shall apply to all NEC level employees in the Industry whose grades
are listed in the Collective Bargaining Agreement.
2.2 The code shall be binding on all parties and shall be implemented without
exception when disciplinary action is taken.
2.3 The maximum penalties to be imposed for each offence are provided for in the
code of conduct. However, the Disciplinary Authority/Committee Appeals
Officer/Committee may apply a lesser penalty at their discretion if there are
good reasons to do so.
2.5 The grievance procedure may be used when an employee feels that there has
been injustice, provided that the grievance is not used for any matters that
may arise out of the disciplinary procedures. In such instance, the appeal
procedure should be followed.
2.6 Records of all proceedings, statements and reports on alleged offences shall
be recorded in the employee's file, which will be kept in a safe place for a
period of three years.
“Code” means the set of agreed procedures, principles and acts which are designed to
regulate and promote good behaviour at the workplace;
“Council” means the National Employment Council for the Tourism Industry;
“Day” means a working day excluding Saturday, Sunday and a public holiday;
110
“Disciplinary Authority” means a person or authority or such disciplinary
committee dealing with disciplinary matters in an establishment or workplace;
“Designated Officer” means a person given authority by the employer to handle
disciplinary and grievance matters;
“Superior” means a person responsible for the supervision of staff of a section and
includes such other superiors in the establishment or organization;
4. Grievance Procedure
4.2 If the grievance cannot be solved by his immediate supervisor within two
working days from the date of reporting, the issue shall be referred to the next
stage within three days.
4.3 Stage 2: Head of Department. The aggrieved employee may refer the matter
to his Head of Department or the superior who is immediately above his
immediate superior, by completing the annexure form referred to as Annexure
5. The employee may request the Workers’ Committee representative to
accompany him at a hearing convened to resolve the issue. The Head of
Department or superior shall make a written decision within three working days
of receiving the grievance form. If the employee is still dissatisfied, the
aggrieved employee may refer the grievance in writing to Stage 3 within 2
working days from the date of receipt of the decision.
4.4 Stage 3 Works Council
If the decision of the Head of Department is unsatisfactory, the aggrieved
employee shall refer the matter to the works council in writing within two
working days of receiving the Head of Department’s decision. The works
council shall make its ruling within five working days of receiving the appeal.
If the grievance remains unresolved the employee shall refer the matter to the
National Employment Council within two working days of receiving the works
council decision.
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4.5 Stage 4 National Employment Council
The National Employment Council’s Designated Agent shall proceed with the
matter in terms of the Act.
5. Disciplinary Procedure
5.1 Action to be taken when an offence is alleged.
When a breach of the code of conduct is alleged, a person authorized by the
employer shall investigate the circumstances. The findings of the investigation
will determine whether corrective action should be taken or not.
6. Investigations
6.1 When investigating a case, the appointed designated officer who may be a
Human Resources Manager may request written statements from the
complainant, the accused and the witnesses to be submitted to him within 24
hours of receipt of his notification of such.
6.2 When the investigation has been completed all relevant documents should be
handed to the Disciplinary Authority. The authority will then decide whether or
not to proceed with the hearing, and should inform the accused in writing.
7.8 The offender will be informed of the determination or penalty issued within
five days of all submissions. Once the Disciplinary Committee/Authority has
112
arrived at a decision, he shall inform the offender by using a form referred to
Annexure 4.
7.9 The Disciplinary Authority will advise the employee that he must lodge an
appeal using the appeals structure in the code within 7 working days from date
of receipt of the judgment appealed against.
7.10 All decisions made by officials in the appeals structure shall be communicated
to the employee/employer in writing.
8. Penalties
8.1 Unrecorded warnings
The immediate superior shall hold verbal and informal discussions with the
employee in the presence of a witness. A record of the verbal warning will be
kept by the superior.
A verbal reprimand may be given for a first offence classified as Minor in the
schedule of offences.
8.2.1 In increasing order of severity, there are three levels of recorded warnings—
(a) First Written Warning (valid for 6 months);
(b)Second Written Warning (valid for 9 months); and
(c) Final Written Warning (valid for 12 months).
8.4.2 The employee must be informed that the warning will remain in force for a
period of nine months using the form referred to as Annexure 4
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8.5.2 A final warning is valid for a period of twelve months. The employee should be
advised in writing of the period applicable and be reminded that a repetition of
the offence within the prescribed period will render him/her liable for dismissal.
The final written warning will be issued out using the form referred to as
Annexure 4
8.5.3 The Disciplinary Authority or Committee may issue final warnings.
8.6 Dismissal
Dismissal may be effected for any of the following grounds:-
(a) The committing of an offence for which the penalty for a first breach is
dismissal
(b)The committing the same offence for which a final written warning was
issued and is still valid
9. Suspension
9.1 Where the employer represented by the designated officer has reasonable cause
to believe that the employee is guilty of the offence classified as extreme in
terms of the schedule of offence, the Designated Officer may with approval of
the Managing Director/ General Manager, suspend the employee for not more
than 7 working days with or without pay pending the outcome of the case and
investigations should be completed within 14 working days.
9.2 The Designated Officer or any manager shall forthwith serve the employee with
a letter of suspension with the reasons and grounds of suspension. The Head of
Department for the accused employee shall ensure that the offender is removed
from the work place pending the outcome of investigations.
9.3 Upon serving the employee with the suspension letter in terms of subsection
(1), the employer shall, within 14 working days investigate the matter and if
necessary, conduct a hearing into the alleged misconduct of the employee.
9.4 An employee will be suspended if his continued presence is likely to lead to a
disturbance or it is necessary to avoid injury to other employees or loss or
damage to the Company’s property
9.5 If an employee is exonerated in the outcome, he will be paid for the shifts/days
during which he was suspended without pay. If found guilty, he will be paid up
to and including the last physical working day actually worked. In such a case,
termination will be with effect from date of suspension.
9.6 All suspensions must be approved by the Managing Director/General Manager
before the employee is removed from the work place.
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11 Appeals
11.1 This appeals procedure shall apply to disciplinary matters.
11.2 Any party not happy with the disciplinary decision taken by the Disciplinary
Authority/Committee or the grievance outcome shall have the right to appeal in
writing against the decision within 7 working days from the date of receipt of
the decision being appealed against using the form referred to as Annexure 7.
11.3 The stages of the appeal process are as follows:
11.3.1 The Appeals Authority shall consider the grounds of appeal submitted by the
appellant. The Appeals Authority may decide the case without requiring the
parties to attend.
11.3.2 The Appeals Authority shall dispose of the matter within 7 working days from
the date of receipt of the appeal.
11.3.3 The Appeals Authority may vary, set aside or substitute the decision of the
Disciplinary Authority or remit the matter back to the Disciplinary Authority
for further investigations.
11.3.7 Any party not happy with the decision of the Appeals Authority may refer the
matter to the Designated Agent within fourteen working days of the receipt of
the Appeals Authority’s decision.
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ANNEXURE 1
DEFINITION OF OFFENCES
1. Unsatisfactory work performance/inefficiency/carelessness/laziness
Performing duties below the level of expertise which would normally be
expected of the individual concerned. It includes failure to carry out work to the
required standard without reasonable excuse. It also means failure to complete
tasks set and the performance of a task or duty without exercising due care and
attention.
When one is unable to do one’s work with the level of skill and speed that
the employee expressly or impliedly holds himself to possess
2. Absence without authority from workplace for ten or more
minutes without reasonable excuse.
It is an offence to leave one’s workplace for more than 10 minutes without
authority or reasonable cause.
Employees are not allowed to call for meetings during working hours without
the prior approval of management.
4. Poor time-keeping
Reporting late for work or leaving work early and includes extending
authorized, or, unauthorized breaks, during working hours, leaving one’s
job or work area without authority, clock watching, pretending to work.
5. Absenteeism
Absent from work without authority and reasonable excuse for 1-2 consecutive
days.
8. Horse play
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This offence involves engaging in rough behaviour or practical jokes
whether or not such behaviour endangers the safety of others, or the
smooth running of the work place.
This refers to the uttering of any words showing ridicule, hatred or contempt
for any person or group of persons.
10. Absenteeism
Failure to report for duty at the designated work station for a whole day/shift
or without reasonable excuse for 3-4 consecutive days.
Being involved in any game of chances while on duty whether for gain or
hobby.
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Act of refusal to take lawful instructions given by an employer or a
person in authority. This includes failure to comply with Employment
Regulations for the Industry failure to comply with established
procedures.
18. Any act, conduct or omission inconsistent with the fulfilment of the
express or implied conditions of his/her contract
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falsifying qualifications and/or submitting false certificates or records. It
also includes falsely amending records.
22. Intoxication
24. Absence from duty for a period of five or more consecutive working
days without reasonable excuse or authority.
This is when an employee takes time off without leave or/and without
permission for a period of more five or more consecutive days in any one
year of service.
Inability to carry out or failure to do one’s work with the skill one holds
himself out to be posses and failure to do the work with the level of skill,
accuracy and speed which the job requires.
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become damaged. It includes any act whereby an employee misuses
company property, vehicles or restrooms, for purposes other than which
they are intended, including the performance of a task, duty or driving
without exercising due caution and attention resulting in loss of business
resources due to damage of equipment or injury to personnel as well as
repetition of tasks.
29. Lack of skill which the employee expressly/impliedly held
himself/herself out to posses
Falsifying one’s skills, training, etc including failure to perform duties due to
lack of skills or training which the employee said he/she possessed.
30. Assault
A verbal or physical act which causes another person to have reasonable
fear of infliction of violence. It includes a physical attack, striking or
touching another person in an angry, revengeful or insolent manner. It
also includes displaying of a violent action against another, which may
cause bodily harm. It includes intimidation.
31. Incitement of violence at workplace.
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restricted to unwelcome physical, verbal or non verbal conduct of a
sexual nature, or sex based conduct i.e. conduct that degrades,
ridicules, or insults or intimidates and is gender related, and
offensive. Intrusive or unwelcome comments about appearance
which are physically abusive of an employee because of his/her
gender such as derogatory or degrading abuse or dress. Display of
any sexually offensive literature or art is sexual harassment. It also
includes forwarding of pornographic or sexually offensive material
through email or other communication channels.
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MINOR 1st OFFENCE 2nd OFFENCE 3RD OFFENCE 4TH OFFENCE
OFFENCES
1. Unsatisfactory Verbal Warning 1st written 2nd written Final written
Work warning warning warning
Valid for 6 Valid for 9 Valid for 12
months months months
2. Absence without Verbal Warning 1st written 2nd written Final written
authority for one warning warning warning
day Valid for 6 Valid for 9 Valid for 12
months months months
3. Improperly Verbal Warning 1st written 2nd written Final written
calling a meeting warning warning warning
Valid for 6 Valid for 9 Valid for 12
months months months
MODERATE
1st OFFENCE 2nd OFFENCE 3RD OFFENCE
OFFENCES
6. Disobeying 1st written 2nd written Final written
safety rules warning warning warning
Valid for 6 Valid for 9 Valid for 12
months months months
7. Disregard for 1st written 2nd written Final written
standard rules or warning warning warning
procedures of the Valid for 6 Valid for 9 Valid for 12
company months months months
8. Horseplay 1st written 2nd written Final written
warning warning warning
Valid for 6 Valid for 9 Valid for 12
months months months
9. The use of
provocative and/or 1st written 2nd written Final written
abusive language warning warning warning
Valid for 6 Valid for 9 Valid for 12
months months months
SEVERE
1st OFFENCE 2nd OFFENCE
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SEVERE 1st OFFENCE 2ND OFFENCE
EXTREME OFFENCES
1st OFFENCE
17. Wilful disobedience to a
lawful order given by the
employer/Insubordination Dismissal
18. Any act, conduct
or omission inconsistent Dismissal
with the fulfilment of the (Discretionary
expressed or implied depending
conditions of his/her with the
contract of employment gravity of the
offence )
19. Wilful and unlawful
destruction of the Dismissal
employer’s
property/misuse of
company property for
personal gain.
20.Theft / Fraud or being Dismissal
an accessory/or making an
attempt to steal.
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25. Gross incompetence or Dismissal
inefficiency
26. Gross incompetence or Dismissal
inefficiency in the
performance of work.
27.Gross negligence Dismissal
Declaration:
The parties having arrived at the agreement set for herein, the undersigned officers of
the council hereby declare that the foregoing is the agreement arrived at, and affix
their signatures hereto
C. MUKWASI
_______________________________________________________
For and on behalf of the Employers Association for Tours and Safari
Operators of the Leisure Tourism Industry
I.HARRIS
__________________________________________________
For and on behalf of the Boating Association of Zimbabwe
B. KOLOSA
__________________________________________________
For and on behalf of the National Museums, Monuments,Travel,Tourism, Game
Parks and Wildlife Workers Union of Zimbabwe
K. MHAZO_______________________________________
For and on behalf of the Zimbabwe Tourism and Allied Workers Union
P. PANGETI_____________________________________
Chairman of the Council
K. HOVE _____________________________________
General Secretary
ANNEXURE 3
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NOTIFICATION TO ATTEND DISCIPLINARY HEARING FORM
Department_________________________ Division______________________
Job Title___________________________________________________________
Date_______________________________ Time__________________________
Venue______________________________________________________________
The following charges are being laid down against you in terms of
Signed_____________________________ Date__________________________
*Disciplinary Officer
*Disciplinary Committee/Chairman
*Appeals Committee Chairman
Received____________________________ Date__________________________
Employee
___________________________________________________________________
*Delete in appropriate
cc: HOD of the accused
Human Resource Manager
Workers Committee
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ANNEXURE 4
Name of Employee________________________________________________
Company Number__________________________________________________
Department____________________________Division_____________________
Job Title_______________________________
In terms of the provisions of the disciplinary procedure, you are hereby advised that:
Signed_________________________________ ________________________
*Disciplinary Officer Date
*Chairman Disciplinary Committee
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ANNEXURE 5
Employee’s Name________________________________________________
Company Number__________________________________________________
Department__________________________Division_______________________
Job Title_____________________________
Have you brought the matter to the attention of your immediate supervisor?
YES NO
If you answered YES above, when did you make the matter known to you immediate
Supervisor etc.
Signed____________________________________ _______________________
Employee Date
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ANNEXURE 6
NB: A member of the Grievance Committee chairing the Grievance Hearing/or the Manager
conducting the investigations should complete this form.
Department Division
Job Title_____________________________________
After having discussed the above grievance, Please answer the following
questions:
If YES,
Employee’s Response
Signed: _________________________________
Manager /*Supervisor/*Foreman
Chargehand/*Grievance Committee Chairman
Witness__________________________ ________________________________
Workers Representative Date
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ANNEXURE 7
Name of employee_______________________________________________
Company Number________________________________________________
Department_________________________ Division_____________________
Job Title____________________________
In terms of the Industry Code of Conduct, I hereby lodge an appeal against the decision
of the disciplinary hearing at:
Venue_________________________________ Date_______________________
Nature of offence____________________________________________________
_______________________________ __________________________
Employee’s Signature Date
Signature_____________________________ Date_________________________
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ANNEXURE B
The rates below are monthly wages and should be converted as stipulated in Section
10 where applicable.
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ANNEXURE C
WAGE GRADES AND VALUES
RELATING TO SECTOR II (CONSERVANCIES, SAFARI OPERATORS
AND NATURAL RESOURCES PRESERVATION)
The rates below are monthly wages and should be converted as stipulated in Section
10 where applicable.
Grade 1 US$ 70
Grade 2 US$ 75
Grade 3 US$ 84
Grade 4 US$ 98
Grade 5 US$ 117
Grade 6 US$ 136
Grade 7 US$ 165
Grade 8 US$ 185
Grade 9 US$ 215
A monthly Lights allowance shall be $10 per month
A Cooking Fuel allowance shall be $10 per month
Where accommodation is not provided directly or indirectly, the monthly allowance
shall be $45.
Transport Allowance shall be $35 per month where transport has not been provided.
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